Section 1376.10  Definitions

 

"Act" means the Behavior Analyst Licensing Act [225 ILCS 6].

 

"BACB" means the Behavior Analyst Certification Board.

 

"BCaBA" means a Board Certified Assistant Behavior Analyst.

 

"BCBA" means a Board Certified Behavior Analyst.

 

"Board" means the Advisory Board of Behavior Analysts.

 

"Department" means the Department of Financial and Professional Regulation of the State of Illinois.

 

"Director" means the Director of the Division of Professional Regulation with the authority delegated by the Secretary.

 

"Division" means the Department of Financial and Professional Regulation-Division of Professional Regulation.

 

"Secretary" means the Secretary of the Department of Financial and Professional Regulation.

 

Section 1376.15  Approved Programs for Licensed Behavior Analysts

 

A program approved by the Division shall be an educational program that meets the criteria specified by the BACB Handbook for eligibility to sit for the BCBA examination. For purposes of this Section, the Division incorporates by reference the Behavior Analyst Certification Board's "Board Certified Behavior Analyst Handbook", 2024, approved by the BACB, 7950 Shaffer Pkwy, Littleton, CO  80127, with no later amendments or editions.

 

Section 1376.20  Approved Programs for Licensed Assistant Behavior Analysts

 

A program approved by the Division shall be an educational program that meets the criteria specified by the BACB Handbook for eligibility to sit for the BCaBA examination. For purposes of this Section, the Division incorporates by reference the Behavior Analyst Certification Board's "Board Certified Behavior Analyst Handbook", 2024, approved by the BACB, 7950 Shaffer Pkwy, Littleton, CO  80127, with no later amendments or editions.

 

Section 1376.25  Supervised Work Experience

 

The Division has determined that the 500 hours of supervision required for licensure as a licensed behavior analyst required by Section 30 of the Act are satisfied by the field training required for certification as a BCBA or BCaBA.

 

Section 1376.30  Examination

 

a)         The examination approved by the Division for licensure as a licensed behavior analyst is the BCBA Certification Examination of the BACB.  The passing score on the examination shall be the passing score established by the BACB.

 

b)         The examination approved by the Division for licensure as a licensed assistant behavior analyst is the BCaBA Certification Examination of the BACB.  The passing score on the examination shall be the passing score established by the BACB.

 

c)         An applicant who fails an examination may retake the examination in accordance with the procedures established by the BACB.

 

d)         The applicant shall pay examination fees to the BACB.  These fees are in addition to the license application fee payable to the Division.

 

Section 1376.35  Application for Licensure

 

a)         An applicant for licensure as a behavior analyst shall file an application on forms provided by the Division.  The application shall include:

 

1)         Current valid BCBA certification issued by the BACB that includes the minimum hours of supervised experience under Section 30(a)(3) of the Act.  If the applicant is unable to provide proof of current valid certification, the applicant shall provide:

 

A)        Certification of graduation from an approved program that meets the requirements set forth in Section 1376.15; and

 

B)        Proof of passing the BCBA Certification Examination.  The proof shall be forwarded to the Division from the BACB; and

 

2)         The fee required in Section 1376.55.

 

b)         An applicant who applies for licensure as a behavior analyst before July 1, 2028, who has not obtained the supervised experience described in Section 30(a)(3) of the Act, may be considered for a license if the following is submitted with an application:

 

1)         An official transcript and a diploma or certification of graduation evidencing that the applicant has received a graduate degree in behavior analysis or a related field from a regionally accredited college or university that meets the standards provided in Section 1376.15;

 

2)         Certification of successful completion of an examination as provided in Section 1376.30.  The certification shall be forwarded to the Division from the BACB;

 

3)         The fee required in Section 1376.65.

 

c)         An applicant for licensure as an assistant behavior analyst shall file an application on forms provided by the Division.  The application shall include:

 

1)         Current valid BCaBA certification issued by the BACB that includes the supervised experience required under Section 35(a)(3) of the Act.  If the applicant is unable to provide proof of current valid certification, the applicant shall provide:

 

A)        Certification of graduation from an approved program that meets the requirements set forth in Section 1376.15; and

 

B)        Proof of passing the BCaBA Certification Examination.  The proof shall be forwarded to the Division from the BACB; and

 

2)         The fee required in Section. 1376.65.

 

d)         An applicant who applies for licensure as an assistant behavior analyst before July 1, 2028, who has not obtained the supervised experience as described in Section 35(a)(3) of the Act, may be considered for a license if the following is submitted with an application:

 

1)         An official transcript and a diploma or certification of graduation evidencing that the applicant has received a bachelor's degree in the field of behavior analysis from a regionally accredited college or university that meets the standards provided in Section 1376.15;

 

2)         Certification of successful completion of an examination as provided in Section 1376.30.  The certification shall be forwarded to the Division from the testing entity;

 

3)         The fee required in Section 1376.65.

 

Section 1376.40  Endorsement

 

a)         An applicant for licensure as a licensed behavior analyst or licensed assistant behavior analyst who is licensed under the laws of another state shall file an application on forms provided by the Division.  Applicants must be at least 18 years of age.  The application shall include:

 

1)         A certification from the jurisdiction of original licensure and current licensure stating:

 

A)        The date of issuance and status of the license; and

 

B)        Whether the records of the licensing authority contain any record of any disciplinary actions taken or pending.

 

2)         Proof of the following:

 

A)        Official transcript and diploma or official transcript and certification of graduation that complies with Section 1376.15 or Section 1376.20; and

 

B)        Certification of previous successful completion of an examination that is the same or similar to the examination as provided for in Section 1376.30.  If the applicant does not meet this requirement, the applicant must successfully complete the examination provided for in Section 1376.30.

 

3)         The fee required in Section 1376.65.

 

b)         The Division shall examine each endorsement application to determine whether the requirements in the other state at the date of licensing were substantially equivalent to the requirements of the Act and this Part.  If the Division determines the endorsement application to be substantially equivalent, then the Division will approve the application.

 

Section 1376.45  Renewals

 

a)         All licenses issued under the Act shall expire October 31 of each odd-numbered year.  The holder of a license may renew the license during the 60 days preceding the expiration date by paying the required fee.

 

b)         Compliance with the CE requirement in Section 1376.50 is a condition of renewal.

 

c)         Practice on an expired license shall be considered unlicensed practice and shall be grounds for discipline pursuant to Section 60 of the Act.

 

Section 1376.50  Continuing Education

 

a)         Continuing Education (CE) Requirements

 

1)         Beginning with the 2027 renewal period, all licensed behavior analysts shall complete 30 hours of approved CE during the 24 months preceding renewal.  All licensed assistant behavior analysts shall complete 20 hours of approved CE during the 24 months preceding renewal.

 

2)         As part of the required hours of CE for renewal, CE must be obtained as provided 68 Ill. Adm. Code 1130, Subpart E.

 

3)         A renewal applicant shall not be required to comply with CE requirements for the first renewal of an Illinois license.

 

4)         Licensees licensed in Illinois but residing and practicing in other states shall comply with the CE requirements set forth in this Section.

 

5)         CE hours used to satisfy the CE requirements of another jurisdiction may be applied to fulfill the CE requirements of the State of Illinois as provided in subsection (d).

 

b)         Approved CE Sponsors and Programs

 

1)         Sponsor, as used in this Section, shall mean:

 

A)        Behavior Analyst Certification Board approved continuing education providers;

 

B)        American Psychological Association;

 

C)        Any Illinois university or college that offers a degree in behavior analysis and that provides CE in a form and manner consistent with this Section; or

 

D)        Any other person, firm, association, corporation, or other group that has been approved and authorized by the Division pursuant to subsection (b)(2), below, upon recommendation of the Board to coordinate and present continuing education courses or programs.

 

2)         Entities seeking approval as CE sponsors pursuant to subsection (b)(1)(D) shall file an application, on forms supplied by the Division, along with the application fee specified in Section 1376.65.  The applicant shall certify on the application the following:

 

A)        That all programs offered by the sponsor for CE credit will comply with the criteria in subsection (b)(3), and all other criteria in this Section.  A sponsor shall be required to submit a CE program with course materials for review prior to being approved as a CE sponsor;

 

B)        That the sponsor will be responsible for verifying attendance at each program and provide a certificate of attendance as set forth in subsection (b)(7);

 

C)        That, upon request by the Division, the sponsor will submit evidence (e.g., certificate of attendance or completion or course materials) as is necessary to establish compliance with this Section.  Evidence shall be required when the Division has reason to believe that there is not full compliance with the statute and this Part and that this information is necessary to ensure compliance.

 

3)         All programs shall:

 

A)        Contribute to the advancement, extension and enhancement of the professional skills and scientific knowledge of the licensee in the profession of applied behavior analysis;

 

B)        Foster the enhancement of the behavior analyst profession and values;

 

C)        Be developed and presented by persons with education and/or experience in the subject matter of the program;

 

D)        Specify the course objectives, course content, and teaching methods to be used; and

 

E)        Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for license renewal.

 

4)         CE may be offered in a classroom setting or by online instruction.  Each online CE program shall include examination.

 

5)         Each CE program shall provide a mechanism for evaluation of the program and instructor by the participants.  The evaluation may be completed on-site immediately following the program presentation or an evaluation questionnaire may be distributed to participants to be completed and returned by mail or electronic means.  The sponsor and instructor, together, shall review the evaluation outcome and revise subsequent programs accordingly.

 

6)         A sponsor approved pursuant to subsection (b)(1) may subcontract with individuals or organizations to provide approved programs.  All advertising, promotional materials, and certificates of attendance must identify the approved sponsor.  The presenter of the program may also be identified but should be identified as a presenter.  When an approved sponsor subcontracts with a presenter, the sponsor retains all responsibility for monitoring attendance, providing certificates of attendance, and ensuring the program meets all the criteria established by the Act and this Section, including the maintenance of records.

 

7)         Certification of Attendance. 

 

A)        It shall be the responsibility of a sponsor to provide each participant in a program with a certificate of attendance or participation.  The sponsor's certificate of attendance shall contain:

 

i)          The sponsor's name and, if applicable, sponsor approval number;

 

ii)         The name of the participant;

 

iii)        A brief statement of the subject matter;

 

iv)        The number of hours attended in each program;

 

v)         The date and place of the program; and

 

vi)        The signature of the sponsor.

 

B)        The sponsor shall maintain attendance records for not less than 5 years.

 

8)         The sponsor shall be responsible for assuring that no one will receive CE hours for time not actually spent attending or participating in the program.

 

9)         Upon the failure of the sponsor to comply with any of the requirements of subsection (b), the Division, after notice to the sponsor, shall thereafter refuse to accept for CE attendance at or participation any of that sponsor's CE programs until the Division receives assurances of compliance with this Section.

 

10)       Notwithstanding any other provision of this Section, the Division or Board may evaluate any sponsor of any approved CE program at any time to ensure compliance with requirements of this Section.

 

c)         Certification of compliance with CE Requirements

 

1)         Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsection (a).

 

2)         The Division may require additional evidence demonstrating compliance with the CE requirements (e.g., certificates of attendance).  This additional evidence shall be required in the context of the Division's random audit.  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

 

3)         When there appears to be a lack of compliance with CE requirements, an applicant shall be notified in writing and may request a hearing with the Board.  At that time, the Board may recommend that steps be taken to begin formal disciplinary proceedings.

 

d)         CE Attended in Other Jurisdictions

 

1)         If a licensee has attended CE programs offered in another jurisdiction not given by an approved sponsor for which the licensee will be claiming credit towards full compliance in Illinois, the applicant shall submit an individual program approval request form, along with a $25 processing fee, prior to participation in the program or within 90 days after expiration of the license.  The program will be reviewed using the criteria set forth in subsection (b)(2) and the Division will notify the licensee of its decision.

 

2)         If a licensee fails to submit an out-of-state CE approval form prior to participation in the program, late approval may be obtained by submitting the approval request with the $25 processing fee plus a late fee of $50 per CE hour, not to exceed $300.  The program will be reviewed using the criteria set forth in subsection (b)(2).

 

3)         CE completed online is not eligible for out-of-state CE credit.  All online CE must be provided by an approved CE provider as set forth in subsection (b).

 

e)         Waiver of CE Requirements

 

1)         Any renewal applicant seeking renewal of a license without having fully complied with these CE requirements may file with the Division a renewal application, along with the fee set forth in Section 1376.65, an affidavit setting forth the facts concerning noncompliance and request for waiver of the CE requirements on the basis of these facts.  A request for waiver shall be made prior to the renewal date.  If the Division, upon the written recommendation of the Board, finds from the affidavit or any other evidence submitted that good cause has been shown for granting a waiver, the Division will waive enforcement of CE requirements for the renewal period for which the applicant has applied.

 

2)         Good cause shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable pre-renewal period because of:

 

A)        Full-time service in the Armed Forces of the United States during a substantial part of the pre-renewal period;

 

B)        A temporary incapacitating illness document by a statement from a currently licensed health care provider; A second, consecutive request for a CE waiver pursuant to this subsection (e)(2)(B) shall be prima facie proof that the renewal applicant has a physical or mental illness, including, but not limited to, deterioration through the aging process or loss of cognitive or motor skills that results in the licensee's inability to practice applied behavioral analysis or as an assistant behavioral analyst with reasonable judgment, skill or safety, in violation of Section 60(a)(18) of the Act, and shall be grounds for denial of the renewal application or other disciplinary or non-disciplinary; or

 

C)        Any other similar extenuating circumstances.

 

3)         When the licensee is requesting a waiver due to physical or mental illness or incapacity, the licensee shall provide a current fitness to practice statement from a currently licensed health care provider familiar with the licensee's medical history.

 

4)         Any renewal applicant who, prior to the expiration date of the license, submits a request for waiver, in whole or in part, pursuant to the provisions of this Section shall be deemed to be in good standing until the final decision on the application is made by the Division.

 

Section 1376.55  Restoration

 

a)         A person seeking restoration of a license that has expired for 5 years or less shall have the license restored upon payment of all lapsed renewal fees required by Section 1376.65 and proof of completion of the CE required under Section 1376.60 in the 2 years prior to restoration.

 

b)         A person seeking restoration of a license that has been placed on inactive status for 5 years or less shall have the license restored upon payment of the current renewal fee required by Section 1376.65 and proof of completion of the CE required under Section 1376.50 in the 2 years prior to restoration.

 

c)         A person seeking restoration of a license after it has expired or been placed on inactive status for more than 5 years shall file an application, on forms supplied by the Division, proof of completion of the CE required under Section 1376.50, and payment of the restoration fee required by Section 1376.65 in the 2 years prior to restoration.  The applicant shall also submit one of the following:

 

1)         Sworn evidence of active practice in another jurisdiction.  Such evidence shall include a statement from an appropriate board or licensing authority in the other jurisdiction that the licensee was authorized to practice during the term of active practice;

 

2)         An affidavit attesting to military service as provided in subsection 50(d) of the Act;

 

3)         Evidence of current certification as a BCBA or BCaBA; or

 

4)         Submit verification of 500 hours of supervised experience as described in Section 1376.25.

 

d)         A person seeking restoration of a license that has been revoked, suspended, in refuse to renew status, or on probation for 3 years or less shall comply with the same requirements provided in subsection (b); shall provide sufficient evidence to establish that the person has been rehabilitated as provided in Section 1376.60; and pay the restoration fee required by Section 1376.65.

 

e)         A person seeking restoration of a license that has been revoked, suspended, in refuse to renew status, or on probation for more than 3 years shall comply with the same requirements provided in subsection (d); shall provide sufficient evidence to establish that the person has been rehabilitated as provided in Section 1376.60; and pay the restoration fee required by Section 1376.65.

 

f)         Except for persons seeking restoration of a license pursuant to subsections (d) and (e), when the accuracy or sufficiency of any submitted documentation is questioned by the Division because of a lack of information, discrepancies, or conflicts in information given or a need for clarification, the person seeking restoration of a license may be requested to:

 

1)         Provide information as may be necessary; and/or

 

2)         Appear for an interview before the Board to explain the relevance or sufficiency, clarify information, or clear up any discrepancies or conflict in information.

 

Section 1376.60  Rehabilitation

 

Upon written petition for restoration of a license from discipline pursuant to Section 1376.55, the Board shall consider, but is not limited to, the following in determining if the person is to be deemed sufficiently rehabilitated to warrant the public trust:

 

a)         The seriousness of the offense that resulted in the disciplinary action taken;

 

b)         The length of time that elapsed since the disciplinary action was taken;

 

c)         The profession, occupation, and outside activities in which the petitioner has been involved;

 

d)         Any counseling, medical treatment, or other rehabilitative treatment received by the petitioner;

 

e)         CE courses or other types of courses taken to correct the grounds for the disciplinary action having been taken;

 

f)         Written reports and oral testimony by other persons relating to the skill, knowledge, honesty, integrity, and contriteness of the petitioner;

 

g)         Restitution to injured parties;

 

h)         Future plans of the petitioner;

 

i)          Involvement of the petitioner's family and friends in the petitioner's rehabilitation process;

 

j)          A written report of a physical or mental examination given by a physician selected by the Board and paid for by the petitioner;

 

k)         Any other information evidencing rehabilitation that would bear upon the petitioner's request for restoration of a license;

 

l)          Whether the order imposing sanctions was appealed and, if so, whether a reviewing court granted a stay or delay of imposition of the sanction;

 

m)        The date and disposition of any other petition for restoration filed since the last sanction was imposed; and

 

n)         Whether there has been compliance with any probationary terms imposed.

 

Section 1376.65  Fees

 

The following fees shall be paid to the Division and are not refundable:

 

a)         The fee for application for a license as a licensed behavior analyst under Section 1376.35 is $400.

 

b)         The fee for application for a license as a licensed assistant behavior analyst under Section 1376.35 is $100.

 

c)         The fee for renewal of a license as a licensed behavioral analyst is $300.

 

d)         The fee for renewal of a license as a licensed assistant behavioral analyst is $75.

 

e)         The fee for restoration of a license other than from inactive status is $50 plus payment of all lapsed renewal fees not to exceed $600 for a licensed behavior analyst and not to exceed $150 for a licensed assistant behavior analyst.

 

f)         The fee for certification of a licensee's record for any purpose is $20.

 

g)         The fee for a CE sponsor subject to the approval of the Board is $500.  The fee is waived for a State agency, State university, or community college.

 

h)         The fee for a two-year renewal for a CE sponsor subject to approval of the Board is $250.  The renewal fee is waived for a State agency, State university, or community college.

 

Section 1376.70  Dishonorable, Unethical, or Unprofessional Conduct

 

The Division may suspend or revoke a license, refuse to issue or renew a license or take other disciplinary action based upon its findings of dishonorable, unethical, or unprofessional conduct likely to deceive, defraud, or harm the public pursuant to Section 60(a)(9) of the Act, which includes but is not limited to, the following acts or practices:

 

a)         Engaging in conduct demonstrating a willful disregard for the health, welfare, or safety of a client.  Actual injury need not be established.

 

b)         Engaging in behavior that violates professional boundaries (such as signing wills or other documents not related to client health care).

 

c)         Engaging in sexual conduct with a client or conduct that may reasonably be interpreted by a client as sexual, or behavior that is sexually harassing to a client, including any verbal behavior that is sexual harassing.

 

d)         Demonstrating actual or potential inability to practice with reasonable skill, safety, or judgment by a reason of illness, use of alcohol, drugs, chemicals, or any other material or as a result of any mental or physical condition.

 

e)         Misrepresenting educational background, training, credential, or competence.

 

f)         Practicing, condoning, facilitating, collaborating with or engaging in discrimination based on sex, age, culture, disability, ethnicity, race, religion, gender, gender identity, sexual orientation, marital status/partnership, language preference, socioeconomic status, or any basis prescribed by law.

 

g)         Revealing facts, data, or information relating to a client, except as allowed under the Mental Health and Developmental Disabilities Confidentiality Act [405 ILCS 5] or any other federal or State law.

 

h)         Failing to take appropriate steps to protect the privacy of a client and avoid unnecessary disclosures of confidential information.  The right to privacy belongs to clients and may be waived.  A written waiver shall be signed by the client and the information revealed shall be in accordance with the terms of the waiver.

 

i)          Submission of fraudulent claims for services to any person or entity including, but not limited to, health insurance companies or health service plans or third-party payors.

 

j)          Any violation of or failure to conform to the Behavior Analyst Certification Board's (7950 Shaffer Parkway, Littleton, CO  80127) 2020 "The Ethics Code for Behavior Analysts" effective date, January 1, 2022 with no later amendments or editions, which is hereby incorporated by reference.  The 2020 Ethics Code for Behavior Analysts can be found at https://www.bacb.com/wp-content/uploads/2022/01/Ethics-Code-for-Behavior-Analysts-240201-a.pdf.

 

Section 1376.75  Applicant and Licensee Address of Record, Email Address of Record, and/or Licensee Change of Name Information

 

All applicants and licensees shall:

 

a)         provide a valid address and email address to the Division, which shall serve as the address of record and email address of record, respectively, at the time of application for licensure or renewal of a license; and

 

b)         inform the Division of any change of address of record or email address of record within 14 days after such change either through the Division's website or by contacting the Department's licensure maintenance unit. (Section 15 of the Act)

 

Section 1376.80  Granting Variances

 

The Director may grant variances from this Part in individual cases when the Director finds that:

 

a)         The provision from which the variance is granted is not statutorily mandated;

 

b)         No party will be injured by the granting of the variance; and

 

c)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.